Proposal for a COUNCIL DECISION concerning notification of the acceptance by the Community of the International Coffee Agreement 1983, as extended to 30 September 1993
Date: 1992-04-01
Institutions: European Commission
Subjects: coffee, commodity agreement, international agreement

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0M(92)116  final 

Brussels,  1  Apr I I 1992 

Proposal  for a 

COUNCIL DECISION 

concerning notification of the acceptance by the Community of 
the International Coffee Agreement 1983, 
as extended to 30 September 1993 

(presented by the Commission) 

"C  "" 

EXPLANATORY  MEMORANDUM 

With Council Decision 87/485/EEC of 28 September 1987,1 the Community 
approved the International Coffee Agreement 1983 which came into force on 
1  October 1983 for a period of six years expiring on 30 September 1989. 

Article 68 of the Agreement specifies that the Agreement may be extended, 
with or without amendments, or renegotiated. 

With resolution No 347 of 4 July 1989, the International Coffee Council 
decided to extend the International Coffee Agreement 1983 for a period of 
two years, until 30 September 1991, while suspending a number of 
provisions, including most of Chapter VII. The Community notified the UN 
Secretary-General of its acceptance of the Agreement as extended on 
29 September 1989. 

With resolution No 352 of 28 September 1990, the International Coffee 
Council decided to extend the International Coffee Agreement 1983 for a 
further period of one year, until 30 September 1992. The Community notified 
the UN Secretary-General of its acceptance of the Agreement as extended on 
19 September 1991. 

With resolution No 355 of 27 September 1991, the International Coffee 
Council decided to extend the International Coffee Agreement 1983 for a 
further period of one year, until 30 September 1993. 

The Commission believes that the Community and its Member States should 
complete the necessary formalities to take part in the Agreement as 
extended as quickly as possible, and in any case before 25 September 1992. 

It is important that the Community and its Member States should, on the 
basis of a jointly agreed  position, notify simultaneously the UN 
Secretary-General of their acceptance of the Agreement as extended, since 
any individual moves on the part of the Member States would be contrary to 
the EEC Treaty. 

1  OJ L 276, 29.9.1987. 

7 
y 

PROPOSAL FOR A 

COUNCIL DECISION 

concerning notification of the acceptance by -the Community of 
the International Coffee Agreement 1983, 
as extended to 30 September 1993 

THE COUNCIL OF THE EUROPEAN COMMUNITIES, 

Having regard to the Treaty establishing the European Economic Community, 
and in particular Articles 113 and 116 thereof, 

Having regard to the proposal from the Commission, 

Whereas the Council approved, by Decision 87/485/EEC1, the International 
Coffee Agreement 1983, which came into force on 1 October 1983 for a period 
of six years expiring on 30 September 1989; 

Whereas, by resolution No 347 of 4 July 1989,  the International Coffee 
Council decided to extend the Agreement for a period of two years until 
30 September 1991; whereas, by resolution No 352 of 28 September 1990, the 
International Coffee Council decided to extend the Agreement for a further 
period of one year until 30 September 1992; whereas, by resolution No 355 
of 27 September 1991, the International Coffee Council decided to extend 
the Agreement for a further period of one year until 30 September 1993; 

Whereas the Community and its Member States should simultaneously notify 
the United Nations Secretary-General of their acceptance of the Agreement 
as extended until 30 September 1993, 

1  OJ L 276, 29.9.1987, p.61. 

•

/-

HAS DECIDED AS FOLLOWS: 

Article 1 

1. In accordance with resolution No 355 of 27 September 1991 of the 

International Coffee Council/ the International Coffee Agreement 1983, 
as extended until 30 September 1993, is hereby approved on behalf of the 
European Economic Community. 

The text of the resolution is attached to this Decision. 

2. The Community and its Member States, once they have completed the 
necessary internal procedures, shall simultaneously notify the 
United Nations Secretary-General of their acceptance of the Agreement as 
extended until 30 September 1993. 

Article 2 

The President of the Council is hereby authorized to designate the person 
empowered to deposit, on behalf of the European Economic Community, the 
notification referred to in Article 1(2). 

Done at 

Certified true copy 
For the Secretary-General 

Director-General 

For the Council 
The President 

© 

COFFEE 

INTERNATIONAL 
INTERNACIONAL  DEL  CAFE 
INTERNACIONAL  DO  CAFE 
INTERNATIONALE  DU  CAFE 

ORGANIZACION 
ORGANIZACAO 
ORGANISATION 

ORGANIZATION 

International  Coffee  Council 
Fifty-seventh  Session 
23 - 27 September  1991 
London, England 

I CC  Resolution  No. 355  (E) 

30 September  1991 
Original: English 

RESOLUTION NUMBER 355 

(APPROVED AT THE SIXTH PLENARY MEETING, 27  SEPTEMBER  1991) 

INTERNATIONAL COOPERATION ON COFFEE 

WHEREAS: 

Noting  that  29  years  of  existence  of  international  coffee  agreements  have 

demonstrated  that  they  have been  useful  and  positive  instruments  for international 

cooperation; 

Noting that  a number of new proposals  and ideas have been put forward both 

by Producers and Consumers with respect to dealing both with the immediate market 

situation  and  with  the  development  of  measures  for  the  future  organization  of  the 

market; 

Noting that the political will and constructive spirit exist to examine all possible 

bases  for  a  new  International  Coffee  Agreement  to  be  negotiated  in  the  near 

future;  and 

Noting that the International Coffee Agreement 1983 as extended by Resolutions 

numbers 347 and 352 is due to expire on 30 September  1992 and that in order to give 

sufficient  time  both  to  study  and  implement  such  new  proposals  and  ideas  and  to 

ensure  that  the  forum  of  the  International  Coffee  Organization  be  maintained,  it  is 

necessary that the International  Coffee Agreement  1983 be further  extended, 

THE INTERNATIONAL COFFEE COUNCIL 

RECOGNIZES: 

That the continuation of the present market situation, with real prices of coffee 

at  their  lowest  levels  since  the  1930s,  is  having  a  highly  damaging  impact  on  the 

economies  of  the  coffee  producing  countries  and  is jeopardizing  future  prospects  for 

maintaining production and quality, and 

RESOLVES: 

1. 

That  the  International  Coffee  Agreement  1983  as  Extended  shall  be  further 

extended for one additional  year from  1 October 1992 to 30 September  1993. 

2. 

To establish a Working Group, open to all Members, to carry out a wide-ranging 

review of all proposals and ideas on future international cooperation on coffee  matters 

and to report to the  first ordinary session of the Council in coffee year  1991/92 and in 

any case not later  than  the first week  of April  1992.  On the basis  of this report  the 

Council shall decide on the negotiation of a new International  Coffee Agreement with 

a view to completing it not later than 31 December 1992. 

3. 

That the  International  Coffee  Agreement  1983  as  Extended  shall  continue  in 

force as from  1 October 1992 in accordance with the provisions of paragraph  1 of this 

Resolution among those  Contracting Parties  which have notified  their acceptance, in 

accordance with their laws and regulations, of such further extension to the Secretary-

General of the United Nations by 25 September 1992, if on that date such Contracting 

Parties represent at least 20 exporting Members holding a majority of the votes of the 

exporting Members, and at least 10 importing Members holding a majority of the votes 

of importing Members.  The votes for this purpose shall be calculated as at 1 July 1992. 

Such notifications shall be signed by the Head of State or Government, or Minister for 

Foreign Affairs, or made under full powers signed by one of the foregoing.  In the case 

of an international  organization, the notification  shall be signed by a representative 

duly authorized in accordance with the rules of the Organization, or made under full 

powers signed by such a representative. 

4. 

That a notification by a Contracting Party containing an undertaking to continue 

to apply provisionally, in accordance with its laws and regulations, the Agreement as 

Extended, which is received by the Secretary-General of the United Nations not later 

than  25  September  1992,  shall  be  regarded  as  equal  in  effect  to  a  notification  of 

acceptance  of the  further  extension  of the  International  Coffee  Agreement  1983 as 

Extended.  Such  Contracting  Party  shall  enjoy  all  the  rights  and  assume  all  the 

obligations of a Member.  However, if formal notification  of acceptance of the further 

one-year  extension  of the  International  Coffee  Agreement  1983  as  Extended is  not 

received by the Secretary-General of the United Nations by 31 March 1993 or such later 

date as the Council may determine, such Contracting Party shall as of that date cease 

to participate in the Agreement. 

5. 

That  any  Contracting  Party  to  the  International  Coffee  Agreement  1983 as 

Extended  which  has  not  made  the  notifications  of  acceptance  provided  for  in 

paragraphs 3 and 4 of this Resolution, may accede to the Agreement by 31 March 1993 

or such later date as the Council may determine on condition that on depositing its 

instrument of accession  such Contracting Party undertakes  to fulfil  all its  previous 

obligations under the Agreement with retroactive effect from 1 October 1992. 

6. 

That if the requirements for the continuation in force for a further period of one 

year of the  International Coffee Agreement  1983 as Extended have not been met in 

- ?-

accordance  with  the  provisions  of  paragraphs  3  and  4  of  this  Resolution,  those 

Governments which have notified acceptance or provisional application of such further 

extension shall meet to decide: 

(a)  whether the Agreement should continue in force among themselves, and, 

if  so,  to  establish  the  conditions  for  the  continued  operation  of  the 

Organization;  or 

(b)  whether to make arrangements for the liquidation of the Organization in 

accordance  with  the  provisions  of  paragraph  (4)  of  Article  68  of  the 

Agreement. 

7. 

To request the Executive Director to convey this Resolution to the Secretary-

General of the United Nations. 

ISSN 0254-1475 

COM (92) 116 final 

DOCUMENTS 

EN 

03  11 

Catalogue number: CB-CO-92-140-EN-C 

ISBN 92-77-42459-1 

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